MD MAHIM ALI Vs. KUNJALATA BARMAN

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and decree dated 21.11.2005 passed by the learned Civil Judge (Senior Division), Barpeta in Title Appeal No. 35/2004 whereby the appeal was dismissed by upholding the judgment and decree dated 19.5.2004 passed by the learned Civil Judge (Junior Division) No. 2, Barpeta in Title Suit No. 5/2002.

(2.) MR . A.M. Buzarbaruah, learned senior counsel, at the outset, has submitted that inadvertently some mistakes had been committed while translating the plaint and the written statement and he submits that he will address the Court, also referring to the vernacular version.

(3.) THE case of the plaintiff, as stated in the plaint, is that the land described in the Schedule to the plaint measuring 5 bighas 17 lechas covered by Dag No. 52 of Patta No. (old) 56 and (new) 62 situated at village -Bar Amrikhowa, Mouza -Sarukhetri in the district of Barpeta, was an annual patta land of his father Bengaram Barman and after his death, the name of the plaintiff was mutated in respect of the suit land. The plaintiff was in occupation of the suit land after the death of his father.